Can the Burning of Holy Books Ever Be Justified? Waseem Ahmad Qureshi Advocate Supreme Court of Pakistan
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Washington and Lee Journal of Civil Rights and Social Justice Volume 24 | Issue 1 Article 5 9-1-2017 Can the Burning of Holy Books Ever Be Justified? Waseem Ahmad Qureshi Advocate Supreme Court of Pakistan Follow this and additional works at: https://scholarlycommons.law.wlu.edu/crsj Part of the Civil Rights and Discrimination Commons, and the Human Rights Law Commons Recommended Citation Waseem Ahmad Qureshi, Can the Burning of Holy Books Ever Be Justified?, 24 Wash. & Lee J. Civ. Rts. & Soc. Just. 63 (2017). Available at: https://scholarlycommons.law.wlu.edu/crsj/vol24/iss1/5 This Article is brought to you for free and open access by the Washington and Lee Journal of Civil Rights and Social Justice at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Journal of Civil Rights and Social Justice by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Can the Burning of Holy Books Ever Be Justified? Dr. Waseem Ahmad Qureshi* Abstract While exploring the historical context of the burning of books during the times of Qin Shi Huang, the first emperor of unified China, the European Dark Ages, the colonial era, the Nazi Germany era, Iranian triumphs, and contemporary instances of the burning of literature, comics, and history, philosophy, and religious books, this paper identifies “freedom of expression” as the underlying principle for the burning of holy books, an action that eventually fuels religious hatred, public disorder, and violence in society. Notwithstanding such consequences, Pastor Terry Jones announced an event calling for the burning of the Holy Qur’an on the ninth anniversary of the 9/11 attacks. Simultaneously, European right-wing political and religious leaders also have pronounced hate speech against Islam, which has resulted in enraged mass protests in Muslim countries. Ironically, the United States (“U.S.”) and European (“EU”) media have provided full coverage on hate speech, which has resulted in the intensification of Islamophobia in the EU and the U.S. Articles 19 and 20 of the International Covenant on Civil and Political Rights (“ICCPR”) and Article 10 of the European Convention on Human Rights (“ECHR”), to which the U.S. and the EU have agreed, cover the rights of freedom of religion; but they regard religion as a private matter and do not make state-backed interventions to prohibit any act of hate speech except insofar as it might disrupt public order and national security. Key-terms: Burning holy books, Hate speech, Freedom of speech, Freedom of expression, Blasphemy. * Advocate Supreme Court of Pakistan. 63 64 24 WASH. & LEE J. CIVIL RTS. & SOC. JUST. 61 (2017) Table of Contents Introduction ...................................................................... 64 I. Ancient History ................................................................. 66 II. Colonization and Displacement ........................................ 67 III. Postcolonial Era ................................................................ 70 IV. Youth Culture and Moral Army ....................................... 72 V. Rationality of Burning of Books ....................................... 74 VI. Media and Sociologists ..................................................... 75 VII. Public Disorder and Burning of Religious Books ............. 78 VIII. Legality of Religious Hate Speech and Actions in U.S. ............................................................................... 80 IX. Legality of Religious Hatred Actions and Speech in Europe .............................................................. 89 X. Banning Hate Perpetrators .............................................. 95 XI. Conclusion ........................................................................100 Introduction “Islam is of the devil . Eternal fire is the only destination the Qur’an can lead people to”1 were the defamatory words of Pastor Terry Jones to justify his plans of arranging an “International Burn the Qur’an” event on the ninth anniversary of the 9/11 attacks.2 Some fanatics have called for Europe to ban the Qur’an from Europe altogether, which have mainly been driven by the leader of the Dutch Freedom Party, Geert Wilders, who claims that the Qur’an showed some similarities with Nazism and Adolf Hitler’s notions in Mein Kampf.3 His ambition was to counter the 1. Lauren Russel, Church Plans Quran-Burning Event, CNN (July 31, 2010), http://www. cnn.com/2010/US/07/29/florida.burn.quran.day/index.html (on file with the Washington & Lee Journal of Civil Rights & Social Justice). 2. See id. (explaining Pastor Terry Jones’ thoughts on Islam and his plans to burn the Quran). 3. See Andrew Bostom, The Koran and Mein Kampf: From Winston Churchill, to Geert Wilders, ANDREWBOSTOM.ORG (Mar. 4, 2008), http://www. CAN THE BURNING OF HOLY BOOKS EVER BE JUSTIFIED? 65 Islamization of Europe.4 Although no book was burned by Terry Jones after requests from former President Barack Obama,5 the international media furor surrounding him, as for Geert Wilders, put the two in the spotlight and gave them a chance to provoke religious hatred at the international level.6 Books can be banned or censored heavily, but the burning of religious books can incite the emotions of masses, raising the prospect of destructive acts being carried out by society.7 The burning of holy books symbolizes hate,8 intolerance, thought control, and the eradication of culture, faiths, and beliefs that underpin global and local diversity.9 This Article will explore the issue of burning books regarding historic instances and debates, and will analyze the evidence to conclude that there can never be any rightful justification for the burning of holy books. Also, this act impinges upon the right of freedom of expression, which itself comes with a responsibility to protect the freedom of expression for others. This Article will also evaluate prominent legislation and andrewbostom.org/blog/2008/03/04/the-koran-and-mein-kampf-from-winston- churchill-to-geert-wilders (quoting Geert Wilder’s statement that “The Koran’s core theme is about the duty of all Muslims to fight non-Muslims; an Islamic Mein Kampf”) (on file with the Washington & Lee Journal of Civil Rights & Social Justice). 4. See id. (reciting Geert Wilder’s statement that “the Islamic incursion must be stopped . If we do not stop Islamification now, Eurabia and Netherabia will just be a matter of time”). 5. See Ewen MacAskill & Aunohita Mojumdar, Barack Obama Appeal Halts Pastor’s Plan to Burn Qur’ans—For Now, GUARDIAN (Sept. 11, 2010), https://www.theguardian.com/world/2010/sep/10/barack-obama-pastor-quran- burning (clarifying that Barack Obama requested that Terry Jones refrain from burning books) (on file with the Washington & Lee Journal of Civil Rights & Social Justice). 6. See generally id. 7. See generally Jon Henley, Book-burning: fanning the flames of hatred, GUARDIAN (Sept. 10, 2010), https://www.theguardian.com/books/2010/sep/10/ book-burning-quran-history-nazis (on file with the Washington & Lee Journal of Civil Rights & Social Justice). 8. See NICOLETTA KARAM, THE 9/11 BACKLASH: A DECADE OF U.S. HATE CRIMES TARGETING THE INNOCENT 435 (2012) (claiming that burning holy books symbolizes hatred). 9. See Henley, supra note 7 (“‘So to burn one of any kind, and certainly one that is a representation of a culture and set of beliefs, is to appear to consign it to the flames of eternal damnation.’”). 66 24 WASH. & LEE J. CIVIL RTS. & SOC. JUST. 61 (2017) litigation against hate speech in the United Kingdom (“UK”) and the U.S. I. Ancient History The burning of books is by no means a new phenomenon.10 It has had a long history and continues to this day.11 The first such instance took place in the reign of the first emperor of unified China,12 Qin Shi Huang, in 213 BC, when he ordered the burning of each and every book written prior to his rule except those books that were related to agriculture, divinity, and medicine.13 Since that time, a social stigma is attached to the burning of books, for whatever reason.14 Such examples have also occurred in European history. For instance, individuals like Colmcille, who was popularly known as the “Warrior Monk” and had translated and written the Bible for propagating Christianity in the pagan Irish land, were threatened by religious bigots who arranged book burning rituals during the Dark Ages.15 Incidents of book burning took place in ancient history whenever an establishment or ruler felt antagonistic and fearful toward ideas scripted in a particular book.16 Allegations were made 10. See id. (explaining the long and dark history of book-burning around the World). 11. See id. (describing major book-burning events since ancient times). 12. See MATT FISHBURN, BURNING BOOKS 2 (2008) [hereinafter FISHBURN] (“The first recorded state-sponsored book burning is the destruction ordered by Grand Councillor Li Ssu in Ch’in China in 213 BC.”). 13. See DOROTHY PERKINS, ENCYCLOPEDIA OF CHINA: HISTORY AND CULTURE 408 (Alexis Wilson et al. eds., 2013) (“Scholars who disobeyed this order were to be executed, and not long after the book burning, 460 scholars supposedly were buried alive.”). 14. See FISHBURN, supra note 12, at 153 (highlighting the stigma that has developed around book burning); see also YOULAN FENG, A HISTORY OF CHINESE PHILOSOPHY: THE PERIOD OF THE PHILOSOPHERS 15 (Derk Bodde trans., Princeton Univ. Press 1983) (explaining the burning of books